Fail v. McArthur
Supreme Court of Alabama
Appeal from tbe Circuit Court of "Wilcox. Tried before tlie Hon. JohN G-ill Shoetee. This action was brought by John Q-. McArthur against the appellants, as partners, to recover damages for the conversion oí a hired slave.
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Appeal from tbe Circuit Court of "Wilcox. Tried before tlie Hon. JohN G-ill Shoetee. This action was brought by John Q-. McArthur against the appellants, as partners, to recover damages for the conversion oí a hired slave. The suit was commenced on the 14th February, (?) 1854; but the complaint, which is styled by the clerk “amended complaint,” alleges the conversion to have taken place on the 80th February, 1854, and is marked “filed 6th March, 1854.” The defendants pleaded, 1st, the general issue; and, 2d, that they hired the said slave from the plaintiff, on or about the 1st January, 1854,…
1Opinion of the CourtWalken, J.
— It is clear from the record, that the defendant had the advantage of the defensive matter of the second plea, under the general issue. Therefore, an error in sustaining the demurrer to the second plea, if one was committed, will not authorize a reversal of the judgment of the court below. — Dunlap v. Robinson, 28 Ala. 100 ; Nelson v. Bondurant, 26 Ala. 341; Goodwin v. McCoy, 13 Ala. 271; Shehan v. Hampton, 8 Ala. 946; Rakes v. Pope, 7 Ala. 166.
2. In order that the declarations of a third person may be evidence, as a part of the res gesta, it is necessary that the act which they explain and…
2Cases cited14 opinions
- Gilbert v. GilbertSupreme Court of Alabama · 1853
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
- Hooks v. SmithSupreme Court of Alabama · 1850
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3Cited by10 opinions
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- Goad v. HarrisSupreme Court of Alabama · 1922
- DeVoin v. Michigan Lumber Co.Wisconsin Supreme Court · 1885
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